AB150,1029,47 49.19 (11m) (a) The department shall apply to the secretary of the federal
8department of health and human services for approval of a demonstration project
9under which the department provides a person eligible for aid under this section who
10is described in par. (am) with monthly payments, for the first 6 months that he or she
11lives in this state, calculated on the basis of the aid to families with dependent
12children benefit level in the state in which the family most recently resided for one
13month or longer. The department shall promulgate a rule, which it shall update
14annually, establishing the methods and identifying the factors that the department
15will use to determine the aid to families with dependent children benefit that will be
16paid under the demonstration project according to family size and state of former
17residence. The rule shall also establish the initial benefit table to be used in
18determining benefits under the demonstration project. The department shall
19publish annual changes to this benefit table in the Wisconsin administrative
20register. The department shall base the benefit for a family on the aid to families
21with dependent children benefit available to a typical family of the same size in the
22other state, taking into account all factors that may affect the amount of the benefit.
23The rule shall specify the factors that the department uses to establish the benefit

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1for participants in the demonstration project. If a family moves from a state that
2allows a family to keep a different amount of income without reducing benefits than
3a family would be allowed to keep in this state, the department shall allow the family
4to keep a similar amount of income without reducing benefits.

AB150,1029,86 49.19 (11m) (am) (intro.) Under the demonstration project, a person is subject
7to receiving the payments under par. (a) if he or she has not previously resided in this
8state for at least 6 consecutive months and either:

AB150,1029,1710 49.19 (11s) (a) The department shall conduct a demonstration project under
11this subsection pursuant to a waiver from the secretary of the federal department of
12health and human services beginning on January 1, 1996. To the extent permitted
13in the waiver, the department may apply pars. (b) to (d) to all recipients of aid under
14this section or to a test group of recipients of aid under this section determined by
15the department. Paragraphs (b) to (d) do not apply to persons subject to s. 49.25 and
16shall apply only while a waiver under this paragraph is in effect and only with
17respect to recipients covered by the waiver.

AB150,1029,2118 (b) In determining the payment amount under sub. (11) (a), a child born into
19a family more than 10 months after the date that the family was first determined to
20be eligible for assistance under this section shall not be considered in determining
21family size unless at least one of the following conditions is met:

AB150,1029,2522 1. The family did not receive benefits under this section for a period of at least
236 months, other than as a result of sanctions, and the child was born during that
24period or not more than 10 months after the family resumed receiving benefits under
25this section after that period.

AB150,1030,5

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12. The child was conceived as a result of a sexual assault in violation of s.
2940.225 (1), (2) or (3) in which the mother did not indicate a freely given agreement
3to have sexual intercourse or of incest in violation of s. 944.06 or 948.06 and that
4incest or sexual assault has been reported to a physician and to law enforcement
5authorities.

AB150,1030,86 3. The child's mother is a dependent child at the time of the child's birth and
7the child is born as a result of the mother's first pregnancy that resulted in a live
8birth.

AB150,1030,99 4. The child does not reside with his or her biological mother or father.

AB150,1030,1110 5. The family or child meets the criteria for an exemption from the application
11of this paragraph under a rule promulgated by the department.

AB150,1030,1312 (c) The department shall inform all applicants for aid under this section of the
13limitation under par. (b) at the time of application.

AB150,1030,1614 (d) From the appropriation under s. 20.435 (4) (di), the department may award
15grants to county departments under ss. 46.215, 46.22 and 46.23 for providing family
16planning education services to persons subject to par. (b).

AB150,1030,2219 49.19 (11s) (d) From the appropriation under s. 20.435 (4) (di) 20.445 (3) (di),
20the department may award grants to county departments under ss. 46.215, 46.22
21and 46.23 for providing family planning education services to persons subject to par.
22(b).

AB150,1031,4

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149.19 (16) The department shall provide written notice of the penalties under
2s. 49.123 (2) 49.29 to each applicant for aid under this section at the time of
3application and to each person who receives aid under this section on June 18, 1992,
4at the time of the next redetermination of the person's eligibility.

AB150,1031,136 49.19 (17) The department may recover an overpayment of aid under this
7section from an overpaid family who continues to receive aid by reducing the amount
8of the family's monthly aid payment by no more than 10% of the maximum monthly
9payment allowance under sub. (11) for a family of that size, in the case of
10overpayments of aid resulting from an intentional violation of ss. 49.19 to 49.41 or
11the rules promulgated under those sections by a member of the family receiving the
12overpayment, and by no more than 7% of the maximum monthly payment allowance
13under sub. (11) for a family of that size, in all other cases.

AB150,1031,15 1549.191 (title) Aid to families with dependent children day care funding.

AB150,1031,2117 49.193 (1) (f) The department may carry forward for a county funds that are
18committed to the county under a performance-based contract for a specific calendar
19year and that are earned by the county in that year to the following calendar year,
20if the carry-forward is approved by the secretary of administration. The funds
21carried forward under this paragraph do not affect a county's base allocation.

AB150,1032,8

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149.193 (2) (a) The department shall ensure that all persons required under 42
2USC 602 (a) (19) and 42 USC 681 to 687 to participate in a job opportunities and basic
3skills training program participate in the program under this section. In addition,
4the department shall require a parent or other caretaker relative of a child who is
5at least one year of age to participate in the program under this section on a full-time
6basis, unless the parent or other caretaker relative is exempt from participation in
7the program for a reason other than being a parent or other caretaker of a child under
83 years of age.

AB150,1032,1310 49.193 (2) (b) 2. A custodial parent under the age of 24 who has not graduated
11from a public or private high school or obtained a declaration of equivalency of high
12school graduation under s. 115.29 (4) and who, at the time of application for aid under
13s. 49.19, is not enrolled in school, as defined in s. 49.50 (7) (a) 49.26 (1) (a).

AB150,1032,2316 49.193 (3m) Orientation and job search requirement. (a) The department
17shall request a waiver from the secretary of the federal department of health and
18human services to permit the application of pars. (b) to (e) beginning on the date
19specified in the waiver. The waiver may not request the application of pars. (b) to (e)
20before January 1, 1996. The waiver may request permission to apply pars. (b) to (e)
21to all applicants for aid under s. 49.19 or to a test group of these applicants
22determined by the department. Paragraphs (b) to (e) apply only while a waiver under
23this paragraph is in effect and only with respect to applicants covered by the waiver.

AB150,1033,224 (b) The department may not provide aid under s. 49.19 to any applicant who
25is subject to the requirements under par. (c) or (d) and who is not exempt under par.

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1(e), until the applicant has provided verification, in a form to be specified by the
2department by rule, that he or she has complied with these requirements.

AB150,1033,103 (c) The department may require any adult applicant for aid under s. 49.19 to
4attend one or more orientation sessions offered during the 30-day period beginning
5on the date that the caretaker relative applies for aid under s. 49.19. Orientation
6sessions offered under this paragraph shall emphasize self-sufficiency and shall
7encourage applicants to consider alternatives to aid under s. 49.19. The department
8may not require an applicant for aid who would be subject to the school attendance
9requirement under s. 49.50 (7) (g) to attend an orientation session under this
10paragraph at a time that would conflict with school attendance.

AB150,1033,1711 (d) The department may require any adult applicant for aid under s. 49.19 who
12is required to participate in the program under this section to participate in job
13search activities under this paragraph. The department may require participation
14in not more than 30 days of job search activities under this paragraph. The
15department may not require an applicant for aid who would be subject to the school
16attendance requirement under s. 49.50 (7) (g) to participate in any job search activity
17under this paragraph at a time that would conflict with school attendance.

AB150,1033,2318 (e) The agency administering the program under this section may exempt an
19applicant for aid under s. 49.19 from any requirement under pars. (c) and (d), if the
20agency determines that the applicant would not benefit from complying with the
21requirement. The department shall promulgate a rule establishing standards to be
22used by agencies administering the program under this section in making
23determinations under this paragraph.

AB150,1034,9

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149.193 (3m) (c) The department may require any adult applicant for aid under
2s. 49.19 to attend one or more orientation sessions offered during the 30-day period
3beginning on the date that the caretaker relative applies for aid under s. 49.19.
4Orientation sessions offered under this paragraph shall emphasize self-sufficiency
5and shall encourage applicants to consider alternatives to aid under s. 49.19. The
6department may not require an applicant for aid who would be subject to the school
7attendance requirement under s. 49.50 (7) (g) learnfare program under s. 49.26 to
8attend an orientation session under this paragraph at a time that would conflict with
9school attendance.

AB150,1034,1912 49.193 (3m) (d) The department may require any adult applicant for aid under
13s. 49.19 who is required to participate in the program under this section to
14participate in job search activities under this paragraph. The department may
15require participation in not more than 30 days of job search activities under this
16paragraph. The department may not require an applicant for aid who would be
17subject to the school attendance requirement under s. 49.50 (7) (g) learnfare program
18under s. 49.26 to participate in any job search activity under this paragraph at a time
19that would conflict with school attendance.

AB150,1035,821 49.193 (8) (a) The department shall pay child care costs of persons with
22approved employability plans who are participating in the program under this
23section and of persons who are participating in orientation and job search activities

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1required under sub. (3m). Payment or reimbursement shall be in an amount based
2on need, with the maximum amount per child equal to the lesser of the actual cost
3of care or the rate established under s. 46.98 (4) (d), or, if a higher rate is established
4under s. 46.98 (4) (e) and if the child care meets the quality standards established
5under s. 46.98 (4) (e), payment or reimbursement for child care that meets those
6standards shall be in an amount based on need, with the maximum amount per child
7equal to the lesser of the actual cost of the care or the rate established under s. 46.98
8(4) (e).

AB150,1035,1610 49.193 (8) (bm) Beginning on January 1, 1994, a county department under s.
1146.215, 46.22 or 46.23 that receives funds to pay or reimburse child care costs under
12this subsection or under s. 49.50 (6e) (a) 49.191 (1) (a) may, with the approval of the
13department, use those funds to pay or reimburse child care costs under s. 49.50 (6e)
14(b), (6g) or (7) (e) 49.191 (1) (b) or (2) or 49.26 (1) (e). The department shall approve
15or disapprove of this use of funds under criteria established to maximize state and
16federal funding available for child care.

AB150,1035,2018 49.193 (8) (c) The department may only pay child care costs under this
19subsection if the child care is provided by a child care provider, as defined in s. 49.50
20(1).

AB150,1036,322 49.193 (9) Notice concerning sanctions. Following conciliation and before
23imposing a sanction on a person receiving aid under s. 49.19 who fails without good
24cause to participate in the program under this section or to accept employment or
25who terminates employment or reduces earnings without good cause, the county

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1department under s. 46.215, 46.22 or 46.23 shall notify the person in writing of the
2reason for the proposed sanction. The notice shall inform the person of the right to
3appeal under s. 49.50 (8) 49.21 (1).

AB150,1036,125 49.193 (9m) Sanctions. (a) The department shall request a waiver from the
6federal department of health and human services to permit the application of pars.
7(b) and (c) beginning on the date specified in the waiver. The waiver may not request
8the application of pars. (b) and (c) before January 1, 1996. The waiver may request
9permission to apply pars. (b) and (c) to all recipients of aid under s. 49.19, or to a test
10group of these recipients, to be determined by the department. Paragraphs (b) and
11(c) apply only while a waiver under this paragraph is in effect and only with respect
12to recipients covered by the waiver.

AB150,1036,1613 (b) Notwithstanding s. 49.19 (11) (a), if all of the following conditions apply in
14a month to a recipient of aid under s. 49.19, the department shall determine the
15amount of aid under s. 49.19 to be paid to the recipient's family in a subsequent
16month as provided in par. (c):

AB150,1036,1817 1. The recipient of aid is required to participate in an activity under this section
18for a regularly scheduled number of hours in the month.

AB150,1036,2019 2. The recipient of aid participates in the activity in the month for less than the
20required number of hours without good cause, as defined by the department by rule.

AB150,1036,2421 3. The agency administering the program under this section determines, in
22accordance with standards established by the department by rule, that the activity
23that the recipient is engaged in during the month has continued, or is expected to
24continue, for more than one month.

AB150,1037,2

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1(c) If par. (b) applies, the amount of aid under s. 49.19 paid to the recipient's
2family in a subsequent month shall be determined as follows:

AB150,1037,63 1. The department shall add the recipient's total number of hours of actual
4participation in the month to the total number of hours in a month for which the
5recipient had good cause, as defined by the department by rule, for not participating
6in required activities.

AB150,1037,97 2. The department shall subtract the total number of hours determined under
8subd. 1. from the recipient's total number of hours of required participation in that
9month.

AB150,1037,1110 3. The department shall multiply the number of hours determined under subd.
112. by the federal minimum hourly wage under 29 USC 206 (a) (1).

AB150,1037,1412 4. The department shall subtract the dollar amount determined under subd.
133. from the amount of aid under s. 49.19 that the recipient's family would have
14received if he or she had participated for the total number of assigned hours.

AB150,1037,2516 49.193 (10m) Work-first program. The department shall select Kenosha
17county and additional counties in which to pilot the work-first program under this
18subsection. The work-first program shall be conducted as part of the job
19opportunities and basic skills program under this section and shall be funded from
20s. 20.435 (4) (df) 20.445 (3) (df). The work-first program shall seek to increase the
21amount of job opportunities and basic skills program services provided to recipients
22of aid to families with dependent children and to minimize the time between the date
23on which a person in a pilot county first applies for aid to families with dependent
24children under s. 49.19 and the date on which the person begins to participate in the
25job opportunities and basic skills program under this section.

AB150,1038,42 49.195 (3) Notwithstanding s. 49.41 49.96, the department shall promptly
3recover all overpayments made under s. 49.19 and shall promulgate rules
4establishing policies and procedures to administer this subsection.

AB150,1038,126 49.195 (4m) A county or elected governing body of a federally recognized
7American Indian tribe may assess a fee on a person who fails to comply with a plan
8for recovering overpayments made under s. 49.19, if the person is no longer eligible
9for benefits under s. 49.19. The fee may not exceed 10% of the amount remaining to
10be recovered at the time of the noncompliance and may not be assessed more than
11once with respect to the same overpayment. The fee may be retained by the county
12or tribal governing body.

AB150,1038,1814 49.195 (5) The department may charge a county, or an elected governing body
15of a federally recognized American Indian tribe or band, for the administrative costs
16that are incurred by the department of health and social services and the department
17of revenue and that are related to certifications under s. 46.254 (2) to recover
18overpayments made under s. 49.19.

AB150,1038,2521 49.195 (5) The department may charge a county, or an elected governing body
22of a federally recognized American Indian tribe or band, for the administrative costs
23that are incurred by the department of health and social services industry, labor and
24human relations and the department of revenue and that are related to certifications
25under s. 46.254 49.85 (2) (b) to recover overpayments made under s. 49.19.

AB150,1039,132 49.197 (1m) Fraud investigation. From the appropriations under s. 20.435 (4)
3(de), (L), (n) and (nL) 20.445 (3) (de), (L), (n) and (nL), the department shall establish
4a program to investigate suspected fraudulent activity on the part of recipients of
5medical assistance under ss. 49.46 to 49.47 subch. IV, aid to families with dependent
6children under s. 49.19 and the food stamp program under 7 USC 2011 to 2029. The
7department's activities under this subsection may include, but are not limited to,
8comparisons of information provided to the department by an applicant and
9information provided by the applicant to other federal, state and local agencies,
10development of an advisory welfare investigation prosecution standard and
11provision of funds to county departments under s. 46.215, 46.22 and 46.23 to
12encourage activities to detect fraud. The department shall cooperate with district
13attorneys regarding fraud prosecutions.

AB150,1039,1915 49.197 (3) State error reduction activities. The department shall conduct
16activities to reduce payment errors in medical assistance under ss. 49.43 to 49.47
17subch. IV, aid to families with dependent children under s. 49.19 and the food stamp
18program under 7 USC 2011 to 2029. The department shall fund the activities under
19this section from the appropriation under s. 20.435 (4) (L) 20.445 (3) (L).

AB150,1040,521 49.197 (4) County and tribal error reduction. The department shall provide
22funds from the appropriations under s. 20.435 (4) (de), (L) and (Lm) 20.445 (3) (de),
23(L) and (Lm) and federal matching funds from the appropriations under s. 20.435 (4)

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1(n) and (nL) 20.445 (3) (n) and (nL) to counties and governing bodies of federally
2recognized American Indian tribes administering medical assistance under ss. 49.43
3to 49.47 subch. IV, aid to families with dependent children under s. 49.19 or the food
4stamp program under 7 USC 2011 to 2029 to offset administrative costs of reducing
5payment errors in those programs.

AB150,1040,127 49.20 (3) Payment. Aid under this section shall be paid from the appropriation
8under s. 20.435 (4) (d) 20.445 (3) (d) and shall be in an amount equal to that to which
9the person would be entitled under s. 49.19 if he or she were 17 years of age, except
10that if the person's family became ineligible for aid under s. 49.19 on the person's 18th
11birthday, the amount paid shall equal the amount of aid granted to a single person
12under s. 49.19.

AB150,1040,14 1449.21 (title) Aid to families with dependent children hearings.

AB150,1040,1816 49.25 (8) (a) From the appropriation under s. 20.435 (4) (ci) (ga), the
17department shall provide funds to pilot counties for assistance in establishing
18paternity and obtaining child support.

AB150,1040,2321 49.25 (8) (a) From the appropriation under s. 20.435 (4) (ga) (3) (ga), the
22department shall provide funds to pilot counties for assistance in establishing
23paternity and obtaining child support.

AB150,1041,42 49.25 (8) (b) From the appropriation under s. 20.435 (4) (ci) (ga), the
3department shall provide funds to Milwaukee county to fund an additional family
4court commissioner.